(65 ILCS 5/8-3-1) (from Ch. 24, par. 8-3-1)
Sec. 8-3-1.
The corporate authorities may levy and collect taxes for
corporate purposes. They shall do this in the following manner:
On or before the last Tuesday in December in each year,
the corporate authorities shall ascertain the total amount of
appropriations legally made or budgeted for and any amount deemed
necessary to defray additional expenses and liabilities for all
corporate purposes to be provided for by the tax levy of that year.
Then, by an ordinance specifying in detail in the manner authorized for
the annual appropriation ordinance or budget of the municipality, the
purposes for which the appropriations, budgeting or such additional
amounts deemed necessary have been made and the amount assignable for
each purpose respectively, the corporate authorities shall levy upon all
property subject to taxation within the municipality as that property is
assessed and equalized for state and county purposes for the current
year.
A certified copy of this ordinance shall be filed with the county
clerk of the proper county. He shall ascertain the rate per cent which,
upon the value of all property subject to taxation within the
municipality, as that property is assessed or equalized by the
Department of Revenue, will produce a net amount of not
less than the total amount so directed to be levied. The county clerk
shall extend this tax in a separate column upon the books of the
collector of state and county taxes within the municipality.
However, in ascertaining the rate per cent in municipalities having a
population of 500,000 or more, the county clerk shall not add to the
amount of the tax so levied for any purpose any amount to cover the loss
and cost of collecting the tax, except in the case of amounts levied for
the payment of bonded indebtedness, or interest thereon, and in the case
of amounts levied for the purposes of pension funds.
Where the corporate limits of a municipality lie partly in 2 or more
counties, the corporate authorities shall ascertain the total amount of
all taxable property lying within the corporate limits of that
municipality in each county, as the property is assessed or
equalized by the Department of Revenue for the current year, and
shall certify the amount of taxable property in each county within that
municipality under the seal of the municipality, to the county clerk of
the county where the seat of government of the municipality is situated.
That county clerk shall ascertain the rate per cent which, upon the
total valuation of all property subject to taxation within that
municipality, ascertained as provided in this Section, will produce a
net amount not less than the total amount directed to be levied. As soon
as that rate per cent is ascertained, that clerk shall certify the rate
per cent under his signature and seal of office to the county clerk of each
other county wherein a portion of that municipality is situated. A
county clerk to whom a rate per cent is certified shall extend the tax
in a separate column upon the books of the collector of state and county
taxes for his county against all property in his county within the
limits of that municipality.
But in municipalities with 500,000 or more inhabitants, the aggregate
amount of taxes so levied exclusive of the amount levied for the payment
of bonded indebtedness, or interest thereon, and exclusive of taxes
levied for the payment of judgments, for which a special tax is
authorized by law, and exclusive of the amounts levied for the purposes
of pension funds, working cash fund, public library, the propagation and preservation of community
trees, and exclusive of taxes levied pursuant to Section 19 of the
Illinois Emergency Services and Disaster Agency Act of 1975 and for the
general assistance for needy persons lawfully resident therein, shall not
exceed the estimated amount of taxes to be levied for each year for the
purposes specified in Sections 8-2-2 through 8-2-5 and set forth in its
annual appropriation ordinance and in any supplemental appropriation
ordinance authorized by law for that year.
In municipalities with less than 500,000 inhabitants, the aggregate
amount of taxes so levied for any one year, exclusive of the amount
levied for the payment of bonded indebtedness, or interest thereon, and
exclusive of taxes levied pursuant to Section 13 of the Illinois Civil
Defense Act of 1951 and exclusive of taxes authorized by this Code or other
Acts which by their terms provide that those taxes shall be in addition to
taxes for general purposes authorized under this Section, shall not exceed
the rate of .25%, or the rate limit in effect on July 1, 1967, whichever is
greater, and on a permanent basis, upon the aggregate valuation of all
property within the municipality subject to taxation therein, as the
property is equalized or assessed by the Department of Revenue for the
current year. However, if the maximum rate of such municipality for general
corporate purposes is less than .20% on July 1, 1967, the corporate
authorities may, without referendum, increase such maximum rate not to
exceed .25%; but such maximum rate shall not be raised by more than 1/2 of
such increase in any one year.
However, if the corporate authorities of a municipality with less
than 500,000 inhabitants desire to levy in any one year more than .25%,
or the rate limit in effect on July 1, 1967, whichever is greater, and
on a permanent basis, but not more than .4375% for general corporate
purposes, exclusive of the amount levied for the payment of bonded
indebtedness, or interest thereon, and exclusive of taxes authorized by
this Code or other Acts which by their terms provide that those taxes
shall be in addition to taxes for general purposes authorized under this
Section the corporate authorities, by ordinance, stating the per cent
so desired, may order a proposition for the additional amount to be
submitted to the electors of that municipality at any election. The clerk
shall certify the proposition to the proper election authority who shall
submit the question to the electors at such election. If a majority of the
votes cast on the proposition are in favor of the proposition, the
corporate authorities of that municipality may levy annually for general
corporate purposes, exclusive of the amount levied for the payment of
bonded indebtedness, or interest thereon, and exclusive of taxes authorized
by this Code or other Acts which by their terms provide that those taxes
are in addition to taxes for general purposes authorized under this
Section a tax in excess of .25%, or the rate in effect on July 1, 1967,
whichever is greater, and on a permanent basis, but not exceeding the per
cent mentioned in the proposition.
Any municipality voting after August 1, 1969, to increase its rate
limitation for general corporate purposes under this Section shall
establish such increased rate limitation on an ongoing basis unless
otherwise changed by referendum.
In municipalities that are not home rule units, any funds on hand at the
end of the fiscal year, which funds are not pledged for or allocated to a
particular purpose, may by action of the corporate authorities be
transferred to the capital improvement fund and accumulated therein, but
the total amount accumulated in such fund may not exceed 3% of the
aggregate assessed valuation of all taxable property in the municipality.
(Source: P.A. 102-587, eff. 1-1-22.)
|